Dos & Don'ts, Q & A, Recent Court Rulings, HUD Audits, In the News

HUD Releases 2013 Annual Adjustment Factors

May 29, 2013    

On May 22, HUD released Annual Adjustment Factors (AAFs) for the Section 8 Housing Assistance Payments (HAP) program for fiscal year 2013. The AAFs, published annually by HUD in the Federal Register, are used to adjust contract rents for units during the initial term of the HAP contract...

PHA Improperly Denied Son Remaining Family Member Status

May 29, 2013    

Facts: The son of a deceased resident claimed succession rights to his mother’s unit located in a public housing complex. The deceased resident had lived in the unit for approximately 50 years, and throughout her tenancy, paid her rent on time and was in good standing with...

Owner Not Liable for Harassment, Invasion of Privacy

May 10, 2013    

Facts: A former resident sued the owner of a site for seniors for invasion of privacy and harassment. The resident’s unit was subsidized by HUD and the San Diego Housing Commission, and the resident claimed that he was told that he could stay at site indefinitely as long...

Owner Not Liable for Mold Contamination

May 10, 2013    

Facts: After living in a unit for almost 14 years, the residents notified the owner of the presence of mold in the unit. Within the month, the owner hired an inspection and testing company, which evaluated the conditions of the residents’ unit.

Resident Didn't Exclude Drug-Dealing Son from Unit

May 10, 2013    

Facts: A PHA charged a resident with nondesirability based on her son’s possession of marijuana in the unit. The resident had leased the unit as the only named tenant. The charges were settled pursuant to an agreement in which the resident agreed to exclude her son from...

HUD's FY2014 Budget Doesn’t Reflect Sequestration Cuts

May 9, 2013    

HUD Secretary Shaun Donovan recently released details of the Obama administration’s proposed Fiscal Year (FY) 2014 HUD budget. HUD’s proposed 2014 budget provides $47.6 billion, an increase of $4.2 billion or 9.7 percent above the 2012 enacted level, and a 6.7 percent increase over...

New Policy for Social Security Payments and Direct Express Cards

April 12, 2013    

If you have residents who still receive a paper check for Social Security or other federal benefit payments, they were required by law to switch to an electronic payment method by March 1, 2013. In order to remain consistent with HUD regulations, benefits received through direct deposit or the...

Appeals Court Decision Extends Government's Liability to Section 8 Owners

April 12, 2013    

On March 22, the U.S. Court of Appeals for the Federal Circuit ruled in case filed by a housing authority against the United States, alleging that the government breached a low-income housing assistance payments contract by requiring the authority to submit rent comparability studies to receive...

PHA May Be Liable for National Origin Discrimination

April 12, 2013    

Facts: A native Spanish-speaking resident with limited English proficiency claimed that despite numerous requests to the local PHA to provide language translation services, she had been rebuffed each time. As a result, all major communications, as well as her lease, had been...

Owner May Be Liable for Dog Bite Attack

April 12, 2013    

Facts: A resident’s dog attacked a woman as she walked by the site on a roadway. The dog-bite victim sued the site owner for negligence for failing to: (1) adequately screen his residents; (2) enter into an agreement whereby the residents were prohibited from having and...

PHA Can Evict Resident for Submitting False Income Statements

April 12, 2013    

Facts: A Section 8 resident lived in her unit for 26 years, since she came to the United States from Afghanistan. On Nov. 16, 2009, she met with the PHA, after it issued a notice that her Section 8 assistance would be suspended or terminated, due to inaccurate financial...

HUD Announces Employee Furloughs Due to Sequestration

March 18, 2013    

In a memo to staff sent on Feb. 28, Deputy HUD Secretary Maurice Jones said “the impact of sequestration on HUD programs will be dramatic.” The Secretary has testified that over 200,000 people will lose their HUD-funded housing assistance and that HUD must also reduce its salaries...